Aziz Oruç acquitted in retrial; Yüsra Batıhan charged with “spreading false information;” court defers sentence for judicial fine issued to police officer who assaulted Ardıl Batmaz; order issued for Ayşe Kara’s detention

Case filed against journalist Yüsra Batıhan on charge of “spreading false information”

A case was filed against journalist Yüsra Batıhan on the charge of “spreading false information” over sharing the news items she prepared about the 2023 Kahramanmaraş earthquakes.

The Ankara Chief Prosecutor’s Office filed an indictment over the news items titled “Cenazeler gömülüyor, devletin haberi yok” (Funerals are being held, the state is not even aware) and “HDP’nin depremzedeler için gönderdiği 30 konteynere el konuldu,” (30 containers sent to earthquake victims by the HDP confiscated) which were published by the Mezopotamya Agency.

Upon directions from the Ankara 75th Criminal Court of First Instance, which accepted the indictment, Batıhan has provided a statement to the Mersin 16th Criminal Court of First Instance.

The second hearing in the trial of Batıhan is to be held at the Ankara 75th Criminal Court of First Instance on 25 January 2025.

The indictment states that the investigation against Batıhan had begun after the Adana Provincial Directorate of Security notified the prosecutor’s office upon identifying Batıhan’s posts about the earthquake during its “virtual patrol” of social media. However, the article of the law on which the investigation was based, and which allows law enforcement the authority to carry out “virtual patrols” online, had been annulled by a decision of the Constitutional Court in 2020 on grounds that it “violated privacy and the protection of personal data.”

Decision not to prosecute in “disinformation” investigation against Evren Demirdaş

A decision not to prosecute was issued in the investigation against Sözcü newspaper reporter Evren Demirdaş on suspicion of “spreading false information” over Demirdaş’s reporting and upon a complaint filed by businessperson Veysel Demirci.

In its decision dated 29 November 2024, the Elazığ Chief Prosecutor’s Office stated that the crime of “spreading false information” can only be committed with the intent of spreading concern, fear, and panic among the public and that the news items subject to the complaint did not form this crime.

Demirdaş had reported on the Ziver Petrom İnşaat company, owned by the pro-AKP businessperson Veysel Demirci, winning the Housing Development Administration (TOKİ) tender for the construction, infrastructure and landscaping works for 283 residential units and a commercial unit with two stores to be built in Karşıyaka neighborhood in central Elazığ. In his reporting, Demirdaş pointed out that the tender had been carried out on a negotiated basis, mentioned the nine other public tenders Veysel Demirci had been awarded and stated that the total value of TOKİ tenders Demirci has been awarded amounted to TL 642 million. Upon the publication of this news item, Demirci filed a complaint with the Elazığ Chief Prosecutor’s Office for “disinformation.”

Reasoned decision announced for Dicle Müftüoğlu’s acquittal

The reasoned decision for the acquittal of journalist Dicle Müftüoğlu, who was released after 10 months in remand, statesthat there was no evidence other than witnesses’ testimonies to prove the charge of “membership in a terrorist organization.”

Dicle Fırat Journalists’ Association (DFG) Co-chair and Mezopotamya Agency (MA) editor Dicle Müftüoğlu had been acquitted in the case against her on charges of “membership in a terrorist organization” and “establishing and administrating a terrorist organization” filed over her professional activities. The Diyarbakır 5th High Criminal Court has announced the reasoned decision for the verdict it had delivered on 24 October 2024.

The reasoned decision states that there was no evidence, other than the testimonies of witness Kerem Gökalp and a secret witness, indicating that Dicle Müftüoğlu “had assumed a code name, acted under directives from an organization, ran terror activities or was a part of the hierarchy of the terrorist organization.”

The reasoned decision also underlined that there was no other evidence corroborating the testimonies of the witness and the secret witness, that no “content related to a terrorist act” was encountered in the records of phone conversations between Müftüoğlu and people who had been subject to law enforcement and judicial procedures and that the transfer of funds between Müftüoğlu and her colleagues were not “activities of a terror group.”

Müftüoğlu was imprisoned pending trial on 3 May, World Press Freedom Day, along with journalist Sedat Yılmaz, after her residence in Diyarbakır was raided by the police and she was detained on 29 April 2023 as part of an investigation launched by the Ankara Chief Prosecutor’s Office. Müftüoğlu was charged with “establishing and administrating a terrorist organization” and “membership in a terrorist organization” in the prosecution’s indictment and was released after the third hearing in her trial held at the Diyarbakır 5th High Criminal Court on 29 February 2024. Müftüoğlu, who spent 10 months in pre-trial detention during her trial, was acquitted at the final hearing held on 24 October 2024.

Prosecutor requests acquittal of 52 defendants, including journalist Yağmur Kay

The 11th hearing in the trial of journalist Yağmur Kaya and 51 Boğaziçi University students on the charge of “violating the Law 2911 on Meetings and Demonstrations” was held at the İstanbul 65th Criminal Court of First Instance on 6 December 2024.

Defendants’ lawyers were present at the hearing, which P24 monitored.

Presenting their flan opinion on the case, the prosecutor requested the acquittal of all defendants separately, as the impugned action was not defined as a crime in the law.

Speaking in turns, defendants’ lawyers said they agreed with the prosecutor’s opinion and requested the acquittal of their clients.

The court adjourned the trial until 9 December 2024 to obtain the statements of excused defense lawyers against the opinion.

Aziz Oruç acquitted in retrial

The first hearing in the trial of journalist Aziz Oruç on the charge of “terrorism propaganda” was held at the Diyarbakır 9th High Criminal Court on 5 December 2024.

While Oruç did not attend the hearing, Barış Kurtboğan, who presented a power of lawyer, was present.

The prosecutor presented their final opinion on the case, stated that Oruç’s posts came under the freedom of expression and requested his acquittal.

The court announced its verdict after a five-minute recess and ruled to acquit Oruç as the legal elements of the crime had not formed.

Journalist Aziz Oruç was sentenced to 2 years and 1 month of imprisonment on 2 March 2020 for the crime of “terrorism propaganda” over sharing some of his news items, which had appeared in the shut-down Dicle News Agency in 2016, on his Twitter account. The verdict was approved by the 2nd Penal Chamber of the Diyarbakır Regional Court of Justice on 28 November 2020 and was taken up by the 3rd Penal Chamber of the Court of Cassation on 21 March 2024. The Court of Cassation ruled that Oruç should have been acquitted and overturned the sentencing issued by the Diyarbakır 9th High Criminal Court.

Journalist Mehmet Göcekli’s trial adjourned until April 2025

The eighth hearing in the trial of Demokrat Haber Editor-in-Chief and Licensed Publisher Mehmet Göcekli on the charge of “terrorism propaganda” was held at the İstanbul 27th High Criminal Court on 5 December 2024.

Göcekli’s lawyer was present at the hearing, which P24 monitored.

The court ruled to await the execution of the order for Göcekli’s detention and adjourned the trial until 24 April 2025.

The indictment cites Göcekli’s social media posts on his personal account between 2011-2016, which include news items published in Demokrat Haber, as well as posts about news items on Demokrat Haber’s Facebook account between 2015-2018 as evidence of the charge.

Prosecution requests journalist Pınar Gayıp’s case file to be separated

The fourth hearing in the retrial of three people, including Etkin News Agency (ETHA) reporter Pınar Gayıp on charges of “membership in a terrorist organization” and “terrorism propaganda” was held at the İstanbul 23rd High Criminal Court on 4 December 2024.

The defendants and their lawyers presented excuses not to attend the hearing, which P24 monitored.

Presenting their final opinion on the case, the prosecutor requested sentencing for defendants Gülsen İmre and Ferhat Harun Pehlivan for the crime of “terrorism propaganda.” Given other ongoing investigations and court cases against Pınar Gayıp, the prosecutor requested the journalist’s case file to be separated.

The court ruled to adjourn the trial until 8 January 2025 to obtain defense statements from Pınar Gayıp concerning the merged cases.

Court orders police officer to pay fine for assaulting journalist Ardıl Batmaz and defers the sentence

The sixth hearing in the trial of the police officer on the charge of “actual bodily harm” was held at the Elazığ 5thCriminal Court of First Instance on 3 December 2024. The police officer, who is a bodyguard to Elazığ Mayor Şahin Şerifoğulları, was on trial over assaulting journalist Ardıl Batmaz on 26 April 2022 in the presence of then Minister of Interior Süleyman Soylu and Minister of Environment, Urbanization and Climate Change Murat Kurum.

While defendant Ömer Faruk Taş and his lawyer did not attend the hearing, Ardıl Batmaz’s lawyer Kader Arat was present.

Co-plaintiff Ardıl Batmaz’s lawyer Kader Arat said that Hasan Celal Kaya, who was heard as a witness in between hearings, was one of the people who assaulted her client and requested a criminal complaint to be filed against Kaya and the indictment to be filed to be merged with the present case. Lawyer Arat said, “Witness Hasan Celal Kaya was heard in between hearings without us present. We were denied our right to question the witness. This is a violation of the right to a fair trial.”

The court rejected lawyer Arat’s request on the grounds that there exist no legal or actual connections between a potential case against witness Hasan Celal Kaya and the present case and that the merger of cases would unduly prolong the trial.

The prosecutor delivered their final opinion on the case and requested sentencing for defendant Ömer Faruk Taş on the charge of “causing bodily harm that could be alleviated through simple medical intervention” to co-plaintiff Ardıl Batmaz.

Batmaz’s lawyer Kader Arat also requested sentencing for defendant Ömer Faruk Taş.

The court ordered defendant Ömer Faruk Taş to pay a judicial fine of TL 4,800, as the impugned crime of “willful injury” had been established. The court also ruled to defer the sentence on the grounds that “the sentence issued to the defendant for the impugned crime at the end of the trial being a fine, the defendant not having been convicted of any other willful crimes before, there being no tangible harm to the victim and no damages sought by the victim and the court’s opinion that the defendant is unlikely to reoffend.”

Newspaper distributor Ercan Yeltaş acquitted in retrial

The 3 December 2024 hearing in the retrial of Ercan Yeltaş, who distributes the Rojeva Medya and Özgürlükçü Demokrasi newspapers, was held at the Diyarbakır 5th High Criminal Court. Yeltaş’s retrial on the charge of “terrorism propaganda” had begun after the Constitutional Court ruled for a violation in the initial verdict.

Yeltaş and his lawyer Resul Temur attended the hearing.

Yeltaş said he repeated his previous defense statements and requested his acquittal.

In their final opinion on the case, the prosecutor requested that the previous sentencing should be reissued with a justification, despite the Constitutional Court’s judgment finding a violation.

In his defense against the prosecutor’s opinion, Yeltaş rejected the charges and repeated his request for acquittal. Lawyer Resul Temur emphasized that his client was not legally culpable.

The court ruled to acquit Yeltaş on grounds that elements of the impugned crime had not formed.

Order issued for Ayşe Kara’s detention

The third hearing in the retrial of journalist Geşbun Ayşe Kara on the charge of “membership in a terrorist organization” was held at the Diyarbakır 5th High Criminal Court on 3 December 2024.

While Kara did not attend the hearing, her lawyer Resul Temur was present.

Lawyer Temur stated that his client lived abroad and requested her statement to be obtained through a letter rogatory. Lawyer Temur said he would provide the court with the current address of his client should his request be accepted.

The prosecutor said that Kara could not be reached despite all inquiries and requested that an order for the detention of Kara be issued to obtain a statement, as she lives abroad.

The court rejected the defense’s request on grounds that the minimum sentence for the crime impugned to Kara is five years of imprisonment and there being a ban on using letters rogatory concerning this crime. The court ruled to issue an order for Kara’s detention and to issue a writ to the Diyarbakır Chief Prosecutor’s Office to obtain information on the status of the investigation into Kara.

The trial was adjourned until 6 March 2025.

At least 28 journalists and media workers in prison

As of 6 December 2024, there are at least 28 journalists and media workers in prison in Turkey, either in pre-trial detention or serving a finalized prison sentence.

The full list can be accessed here.